Wells Fargo Bank, N.A. v. Fidelity Nat'l Title Ins. Co.

NOT FOR PUBLICATION FILED

NOV 5 2021

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

WELLS FARGO BANK, N.A., as Trustee No. 19-17332 for Option One Mortgage Loan Trust 2007-5 Asset-Backed Certificates, Series 2007-5, D.C. No. 3:19-cv-00241-MMD-WGC Plaintiff-Appellant,

v. MEMORANDUM*

FIDELITY NATIONAL TITLE

INSURANCE COMPANY,

Defendant-Appellee.

Appeal from the United States District Court for the District of Nevada Miranda M. Du, Chief District Judge, Presiding

Argued and Submitted October 20, 2021 San Francisco, California

Before: WALLACE and GOULD, Circuit Judges, and VITALIANO,** District Judge.

Plaintiff-Appellant Wells Fargo Bank, N.A., (Wells Fargo) appeals from the

district court’s order granting Defendant-Appellee Fidelity National Title

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Eric N. Vitaliano, United States District Judge for the Eastern District of New York, sitting by designation. Insurance Company’s (Fidelity) motion to dismiss…